Improper Training Leads to Workplace Injury

Employers have an obligation to protect the health, safety and welfare of their employees, including proper training on equipment. For our client Scott, not having proper safety equipment resulted in a nasty injury.

A painter by trade, Scott was asked to work for a company on a building site. Prior to applying a new coat of paint on the job site he was instructed to cut off old paint, using a power tool which he had not used before.

As he didn’t want to lose the money for that day, Scott agreed to the job but wasn’t provided with any safety equipment and while working a piece of the old paint flew up into his eye. He went to an eye hospital and received some treatment but continued to suffer with eye problems.

Scott came to Irvings and we started his workplace injury claim. We arranged for him to see an eye specialist who conducted special electro-diagnostic testing in order to assess the injury. The test revealed he would need an operation to repair his eye at the cost of £4500. Between the costs of the surgery, specialised contact lenses needed for his eyes in the future and recovery time, Scott was looking at a large expense in addition to future loss of earnings.

After sending the claim to his employers, we quickly found out they wanted nothing to do with taking responsibility for their negligence. His employers contacted us stating they were not willing to support his recovery or provide compensation for his injury in any way. Further, they would be throwing our letters in the bin!

Since they weren’t willing to talk, we issued court proceedings on Scott’s claim against his employers. With the evidence against them and a looming court date, they decided to settle for £25,000 which would cover the costs required in order for Scott to make a full recovery.

Under the Employment Rights Act you can refuse unsafe work and can withdraw from and refuse to return to a workplace that is unsafe. If like Scott you have been injured in an incident at work, you may be entitled to compensation if it is found that your employer did not do enough to protect you from the risks. Contact us at Irvings Law and see if we can help you with a claim.

Edward Seddon
Partner, Irvings Law